Stanley v. Director, TDCJ-CID
ORDER OF DISMISSAL adopting 3 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is ORDERED the petition for a writ of habeas corpus is DISMISSED without prejudice. It is further ORDERED that all motions not previously ruled on are hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 11/13/2023. (jmb, ) Modified text on 11/13/2023 (jmb, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
DEMICO STANLEY, #02067413
CIVIL ACTION NO. 4:22cv66
ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate
Judge Aileen Goldman Durrett, who issued a Report and Recommendation (“the Report”) (Dkt.
#3) concluding the petition for writ of habeas corpus should be dismissed without prejudice for
failure to prosecute due to Petitioner’s failure to comply with the Court’s Order (Dkt. #2) to either
pay the $5.00 filing fee or submit an application to proceed in forma pauperis, together with an in
forma pauperis data sheet reflecting Petitioner’s last six months of financial activity from the
inmate trust account. No objections were timely filed, and as of this date, Petitioner has not paid
the $5.00 filing fee or submitted an application to proceed in forma pauperis, together with an in
forma pauperis data sheet.
The Report of the Magistrate Judge, which contains proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration. The
Court concludes the findings and conclusions of the Magistrate Judge are correct. Therefore, the
Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and
conclusions of the Court.
It is accordingly ORDERED the petition for a writ of habeas corpus is DISMISSED
It is further ORDERED that all motions not previously ruled on are hereby DENIED.
IT IS SO ORDERED.
SIGNED this 13th day of November, 2023.
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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